Spousal Support and Domestic Partner Support (aka. Alimony)

Support of the spouse of the obligor. Spousal Support is a recurring payment from one spouse to another spouse. The Family Code provides for temporary spousal support (i.e., spousal support ordered before a final judgment is entered), and for permanent spousal support (i.e., spousal support ordered as part of a final judgment).

A court order delivered by a levying officer or registered process server that directs a judgment debtor's employer to withhold earnings for wage garnishment.

The obligee is the person owed support. The obligor is the person who must pay.

An agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for each.

Family Code § 3600 defines temporary spousal support and child support that may be ordered during the pendency of a proceeding. Family Code § 4330 allows the court to order spousal support for a specified duration. Family Code § 3653 gives family law courts the power to make support orders retroactive to the date of the filing of the petition or request.

Family Code § 4058: Defines the annual gross income of each parent (or party) for purposes of calculating both child and spousal support. Gross income includes income from wages, salaries, commissions, bonuses, dividends, self-employment, rental income, royalties, and other sources.

Family Code § 4320: Sets out multiple factors that the court must consider when ordering permanent spousal support, including: the length of the marriage; the standard of living established during the marriage; the supported party's marketable skills and earning capacity; the extent to which the supported party contributed to the supporting party's career; the obligations and assets of each party; and the balance of hardships.

Family Code § 4301: A person shall support the person's spouse while they are living together. Family Code § 4337 provides that the supporting party's obligation to pay spousal support terminates upon the death of either party or the remarriage of the supported party.

Family Code § 4323: Creates a rebuttable presumption of a reduced need for spousal support when the supported party cohabits with a nonmarital partner. The supported party may rebut this presumption by showing that the cohabitation has not reduced their need for support.

Family Code § 4325: Creates a presumption that a spouse who has been convicted of, or who has been found by the court to have committed, domestic violence against the other spouse shall not receive spousal support. This presumption can be overcome if the court determines that not awarding support would be unjust.